The Peoples Democratic Party, its presidential candidate, Atiku Abubakar and Sokoto State Governor, Aminu Tambuwal, have asked a Federal High Court in Abuja to dismiss a suit instituted by Governor Nyesom Wike of Rivers State challenging the last presidential primary election of the party.
Although Wike was mentioned as one of the plaintiffs in the suit marked FHC/ABJ/CS/782/2022, the governor had since denied being behind the suit.
Atiku, the PDP and Tambuwal described the suit as frivolous, baseless, unwarranted and unknown to law.
A copy of the court processes were obtained by journalists on Wednesday.
The three defendants in their joint objection to the suit, predicated their objections on four grounds.
Part of the objections filed on their behalf by Kunle Ajibade (SAN), was that the suit, as filed, was unknown to law and not cognisable under a pre-election matter.
They averred that the first plaintiff, Michael Ekamon, having not participated in the primary election conducted by the National Executive Committee of the PDP, lacked the requisite locus standi to institute the suit.
Atiku, the PDP and Tambuwal also stated that the suit, as brought by the applicants, does not fall within the purview of Section 84 of the Electoral Act, as such does not qualify as a pre-election dispute.
The fourth ground was that the suit was not initiated by due process of the law.
They therefore sought an order of the court striking out or dismissing the suit in its entirety for want of jurisdiction.
Hearing of the suit has been fixed for September 14 by Justice Ahmed Mohammed.